H4 extension was not filed along with H1B extension

[chandrat]

Hi,

I am on H1B visa which expired on Oct/8/2004 and received the extension for two more years through my employer. But the extension for my wife's H4 (I-539) was not filed along with mine. I just realised today about this through my attorney. Meanwhile, I took an appointment with the US consulate at Canada for my H1B extension and my wife's H4 extension stamping.

1. Since she doesn't have a valid H4 extension document, can I take her to the US consulate along with me and get her extension stamped.

2. Will the Consulate agree to extend/stamp her H4 visa based on my H1B extension stamping?
3. If not, what are my options ?

Thanks,
TCS.

 

[ginnu]

Hi,

I am on H1B visa which expired on Oct/8/2004 and received the extension for two more years through my employer. But the extension for my wife's H4 (I-539) was not filed along with mine. I just realised today about this through my attorney. Meanwhile, I took an appointment with the US consulate at Canada for my H1B extension and my wife's H4 extension stamping.
------ it was your mistake that you did not request the lawyer to file H4 extension of your spouse with your H1 extension. It seems to me her I-94 is expired and she is staying illegaly in US from the date her I-94 expired
1. Since she doesn't have a valid H4 extension document, can I take her to the US consulate along with me and get her extension stamped.
----- if US consulate in Canada refuses your H1 stamp and her H4Visa then you both will NOT be able to enter US from Canada and be prepared to go directly to your home country from Canada then get H1 visa stamp and H4 visa stamp from home country US consulate and then enter US with H1 and H4 Visa stamps
2. Will the Consulate agree to extend/stamp her H4 visa based on my H1B extension stamping?
--- only consulate officer can answer your question, and going to Canada with out H4status and illegal stay is not advisable
3. If not, what are my options ?
----- if you got H1 extension with valid I-94 attached with your extension approval then you can stay and work in US till I-94 expiry date and buy a ticket for your wife send her out of US and let her get H4 visa stamp based on your H1 and then she should enter US with valid H4 Visa.
*** did not your lawyer who filed YOUr H1 gave you option what your wife should do????? if she stays illegaly more than 180 (after her I-94 expiry date) then 3 year bar will start.

Thanks,
TCS.